Allan Favish is a Los Angeles-based attorney whose focus is on General Insurance Defense and Litigation Insurance Coverage/Reinsurance & Bad Faith Litigation. A UCLA graduate, he received his J.D. at Hastings College of Law in 1981.
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Transcript of October 13, 2000, Hearing
1 YOU DIFFER FROM ME IF, INDEED, I ORDER IT RELEASED. I
2 DON'T KNOW THAT I'M GOING TO, QUITE FRANKLY, BUT I'VE GOT
3 TO LOOK AT THE PHOTOS.
4 SO WHAT I THINK WE NEED IS AN ORDER TO THIS
5 EFFECT, THE TEN ORIGINAL PHOTOS, WHICH ARE THE ONLY PHOTOS
6 AT ISSUE NOW -- FAIR STATEMENT, BOTH OF YOU?
7 MS. LUYMES: THAT'S FROM MY -- THAT'S AS FAR AS I
8 KNOW.
9 MR. FAVISH: I DISAGREE, YOUR HONOR. NINE PHOTOS
10 ARE AT ISSUE. AS YOU READ FROM THE 9TH CIRCUIT OPINION,
11 THE 9TH CIRCUIT HAS RULED THAT THE GUN-IN-HAND PHOTO IS NOT
12 GRAPHIC AND EXPLICIT AND EXTREMELY UPSETTING, WHICH IS THE
13 SOLE BASIS FOR THEIR CLAIM. THAT TENTH PHOTO SHOULD BE
14 ORDERED RELEASED NOW.
15 THE COURT: I'M TELLING YOU, I'M NOT RELEASING IT
16 NOW. I'M GOING TO TUCK THIS ALL INTO ONE RULING, BUT IT'S
17 GOING TO BE PRETTY CLOSE TO NOW BECAUSE SHE'S GOING TO GET
18 A SHORT REIGN ON HAVING THOSE PHOTOS HERE, AND I'M GOING TO
19 LOOK AT IT.
20 AND PRELIMINARILY, MR. FAVISH, I AGREE WITH YOU,
21 THAT TENTH PHOTO IS THE SUBJECT OF DISCOVERY, IF YOU WILL.
22 BUT I'M GOING TO LOOK AT IT FIRST. IT'S A KIND OF A --
23 WHAT I'M DOING IS BUTTRESSING THE RECORD, ALL RIGHT. THEY
24 WANT TO MAKE SOME OTHER ISSUE, WHICH IS THEIR PREROGATIVE.
25 GO AHEAD AND MAKE IT. I'M GOING TO HAVE LOOKED AT IT, AND
9
